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U.S. v. LEE

No. 90-5264.

6 F.3d 1297 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Bruce Roy LEE, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 7, 1993.

Attorney(s) appearing for the Case

John W. Lundquist, Minneapolis, MN, argued, for appellant.

David K. Flynn, Dept. of Justice, Washington, DC, argued (Linda F. Thome, Dept. of Justice, on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, LAY, Senior Circuit Judge, McMILLIAN, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

We reverse the conviction for conspiracy under 18 U.S.C. § 241 (1988), because of errors in the instructions that were given. We remand for retrial under instructions to be given in accordance with the concurring opinion of Judge John R. Gibson, in which Chief Judge Arnold and Judges Bowman, Wollman, and Hansen concur. Judges Lay, Loken, and Morris S. Arnold concur in the result and judgment of the court for the reasons explained in Judge Lay's concurring...

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